Skilled Worker Dependent visa for child decision pending. Please help.

Dependent visa was applied via VFS(in India) for 2 children aged 5 and 8.
Mother is in UK as a Skilled worker visa. Kids back in India under care of grandmother.
Visa is pending decision for the below reason: Mother is a single parent seperated from husband (due to domestic abuse) for last 1 year but not legally divorced or no legal document to say that mother has sole responsibility for the children.
Please Help!!
The UK Decision Making Centre is currently assessing the application submitted by the above named. We are unable to conclude the application at this time as we require additional information.

Please provide the following documents:

In considering your application, I have certain responsibilities regarding child welfare arising from section 55 of the Borders Citizenship and Immigration Act. I must be satisfied with the travel, reception and care arrangements for you. I also need to be satisfied that your welfare needs are still met once you are in the UK.

Your application is being assessed under paragraph SW 30.1 to SW 30.2. The Immigration Rules require that the applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a visitor) unless:

(a) the parent with permission as a Skilled Worker is the sole surviving parent; or
(b) the parent with permission as a Skilled Worker has sole responsibility for the child’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Skilled Worker.

I note that your (Mother) currently has a Skilled Worker visa. However your Father currently does not have permission to be in the UK. As things currently stand, your case would stand for refusal. Please can you provide additional evidence / information which shows that you will meet the requirements of the Immigration Rules? I.e. will your Father apply as a Skilled Worker partner (if so, please provide their GWF number so we can process their application) or will your mother have sole responsibility for your care? (if so, please provide supporting evidence)

Please see below link for more information regarding this requirement.

https://www.gov.uk/guidance/immigration ... led-worker

Please send these documents as a scanned attachment within 10 working days to....

See also Sole responsibility.

Thank you Vinny. I have read the thread and the links you posted.
We have asked a lawyer in India to process a lagal document proving that the mother is the sole responsible parent.

Regarding the care concern, the grandmother is planning to apply for a visit visa to help care for the children, as a friend (British Citizen) can my wife and I give a supporting letter that we are willing to help with child care requirements as needed, our 2 kids are in Uni now.
Does it make any difference?

They dislike visitors coming for a purpose of childcare.

A quick question, UK decision making has given us 10 days to respond with supporting documents.
Is there anyway to get this date extended?

The Home Office does not have to extend the 10 day period so would be entitled to refuse your application if you have not supplied the information they have requested.

You could request an extension however you would have to give a reason as to why. It would have to be exceptional credible reason, not having the provision of childcare arrangements in place as yet would not be an acceptable reason. Nor would the lack of the legal documentation to prove sole responsibility.

Single parent on a skilled worker visa would be expected to demonstrate child care provision. This could be in many forms, UK settled partner / family member, nanny, registered child carer, after school clubs, summer camps etc.

Things you can not do is rely on your Mother on a visit visa or unregistered child minders.

The Home Office will expect the you to demonstrate legal sole responsibility and appropriate child care before there is a possibility of granting the dependent visas.

FM
Thank you for your input.
The delay is in getting an affidavit notarised by a lawyer. As divorce petition is pending in court.
I have enquired about child care provision with a local childminder and a after school club that is open for key workers. Can the response from the above be shown about the arrangements?

As a friend wife and I are willing to help with child care as and when required.
Can we also give a letter about this offer?

Kind regards

QUICK UPDATE:
We got the visa for the children.
All we did was write a letter informing the situation and got a supporting letter from our lawyer who is acting on our behalf for the divorce.
Child minder details here and our willingness to support with childcare.
visa was stamped the very next day we sent the letter via email.

Congratulations!